You’re strolling through a shopping mall, lost in thought about your next purchase, when suddenly – BAM! You slip on a wet floor, tumbling down in a heap of embarrassment and pain. As you nurse your bruised ego (and possibly broken bones), a thought crosses your mind: “Who’s responsible for this?”
That’s where premise liability comes in.
Let’s go through what to know about premise liability if you do get injured.
What Is Premise Liability?
Premise liability comes into play when someone is hurt on someone else’s property because of unsafe or hazardous conditions. In such cases, the injured party may be able to get compensation if they can prove that the property owner was negligent in keeping up a safe environment.
Duty of Care and Property Owner Responsibility
Duty of care is the requirement property owners have to keep up safety for those who enter their property. The duty depends largely on the status of the visitor.
Invitees
Invitees are people who visit a specific property for business, like customers in a store or patrons at a restaurant. Georgia law imposes the highest duty of care on property owners toward invitees.
Owners must regularly inspect their Georgia premises, promptly address any hazards, and provide adequate warnings if a dangerous condition exists. Failure to do so can result in liability if an invitee is injured due to the owner’s negligence.
Licensees
Licensees are social guests or people who enter a Georgia property for their own reasons with the owner’s permission. While property owners have some duty of care for these people, it is less stringent than that owed to invitees.
Owners are required to warn licensees of known hazards that are not immediately apparent but are not obligated to inspect the property for potential dangers.
Trespassers
Trespassers are people who enter a property without having permission. In Georgia, property owners owe the lowest amount of duty of care to trespassers, usually only needing to refrain from purposefully causing harm.
However, there are exceptions, particularly when it comes to child trespassers, where the property owner may have additional responsibilities under the “attractive nuisance” doctrine.
Common Premise Liability Case Types
One of the most frequent premise liability claims involves slip and fall accidents. These occur when someone hurts themselves because of hazardous conditions like:
- Wet floors
- Uneven surfaces
- Poorly lit areas
- Obstacles left in walkways
In Georgia, property owners are required to maintain a safe environment and promptly address or warn of any dangers that could lead to such accidents. If a property owner fails to do so, they may be held liable for resulting injuries.
Negligent security claims come up when someone is injured due to inadequate or absent security measures, such as broken locks, insufficient lighting, or a lack of security personnel.
If a property owner fails to keep up reasonable security and someone is harmed as a result, they may be held liable for the injuries sustained.
Defective conditions, such as broken stairs, faulty elevators, or damaged sidewalks, are another common source of premise liability claims. Property owners have to regularly inspect and maintain their premises to prevent these types of hazards.
In Georgia, owners can be held legally responsible if a visitor is injured by a dog or other animal on their property. This is especially true if the owner knew or should have known about the animal’s aggressive tendencies and failed to take proper measures to prevent an attack.
Dog bite cases often hinge on whether the property owner took the needed steps to secure the animal and protect visitors.
What to Do After Injury
Your health and safety should always be the first thing you address. Even if you believe your injuries are minor, it’s essential to seek medical attention as soon as possible. Some injuries may not be immediately apparent but could get worse.
A doctor or medical professional can assess your condition and create a record of your accident injuries, which can be very important if you decide to pursue a legal claim.
If you are able, take detailed photos and videos of the accident scene, including what caused your injury. Capture different angles and any relevant details, such as wet floors, broken stairs, or inadequate lighting.
Also, document your injuries by taking pictures of them as soon as possible after the incident. This evidence can be crucial in establishing the conditions that led to your injury and proving negligence on the part of the property owner.
Notify the owner about the accident as soon as you can. If you are in a business or public place, ask for a formal incident report to be filled out and obtain a copy for your records. If you’re injured on private property, ensure the owner is aware of the situation.
Hiring Lawyers
Next, you should hire a lawyer. A skilled premises liability lawyer will begin by thoroughly evaluating the details of your case. This includes assessing the circumstances of the injury, reviewing medical records, gathering evidence, and identifying potential witnesses.
Based on this evaluation, the lawyer will develop a legal strategy for your specific situation, whether it involves negotiating an accident settlement or preparing for trial.
Dealing with relevant insurance companies can be tricky, as they often aim to minimize payouts. An attorney who specializes in premise liability laws can take over all communications, ensuring that your visitor’s safety rights are protected and that you do not agree to a settlement that is less than what you deserve.
Your lawyer will fight for your specific interests and negotiate on your behalf to secure the best possible outcome.
A personal injury lawyer’s goal is to help you recover the full amount of compensation you are entitled to. This includes not only medical expenses but also lost work income, pain, and any other damages resulting from the injury. An attorney will have the skills to calculate the true value of your claim, taking into account both current and future injury costs.
Premise Liability: Get Representation
With this guide to premise liability, you should be better able to protect yourself in the future.
Are you looking for help after facing these dangerous hazards? David Bell Law Firm has been helping Georgians like you with our aggressive approach for over 30 years.
Contact us today.
